Merseycare

350 Mental Capacity Act Level 1

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The MCA came into full effect on 1 October 2007. On 1 April 2009 the MCA was amended to include the Deprivation of Liberty Safeguards (DoLS).

The MCA largely replaces the common law principles that had built up over time, and in general it is no longer appropriate to use common law in decisions made about patients. In almost every case the MCA, where applicable, should be used instead.

The MCA:

Provides a statutory framework for people who may not be able to make their own decisions through mental disability.
Promotes the fair treatment and protects the rights of some of the most vulnerable people in society.
Has an ethos of empowerment and protection of autonomy.
Establishes that there is a presumption of capacity.
Provides arrangements for people with capacity to make plans for a time in the future when they may lose capacity.
Applies to persons aged 16 and over (the DoLS only apply to those over the age of 18).

Resource details

Contributed by: Merseycare
Authored by: Learning and development, Mersey care, SME
Licence: © All rights reserved More information on licences
Last updated: 27 August 2024
First contributed: 30 December 2022
Audience access level: Full user

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